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This end user license agreement (these “terms of service” or the “end user license agreement” or “thebestpos.pk”) forms a binding agreement between you (“you,” “your”) and thebestpos.pk, (“thebestpos.pk,” “we,” “us,” “our”) please read these terms of service carefully, because by downloading, accessing or using any thebestpos.pk web and, or mobile app, products and/or services (collectively, the “services”) you are acknowledging that you have read, understood and agree to be bound by these terms of service and thebestpos.pk’s (“privacy statement”). if you do not agree to these terms of service or thebestpos.pk’s privacy policy you may not download, access or use the services.


Use of Services


You may only access and use the Services if you are an authorized employee of a Thebestpos.pk customer (“Merchant”) that has paid for a software subscription for Thebestpos.pk Services pursuant to a Merchant Agreement entered into between Thebestpos.pk and Merchant. Thebestpos.pk grants you a limited, revocable, non-exclusive, non-transferable license to access and use the applicable Services during the course of your employment with Merchant, solely and exclusively for Merchant’s internal business purposes.


You agree to use the Services only for the management and operation of Merchant’s business pursuant to the terms and conditions of the Merchant Agreement and not directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (c) use or access the Services to build or support, and/or assist a third party in building or supporting, products or services competitive with the Services; (d) remove or obscure any proprietary notices or labels from the Services; (e) use the Services for any fraudulent undertaking or in any manner that could damage, disable, overburden, impair or otherwise interfere with Thebestpos.pk's provisioning of the Services; (f) violate or breach any operating procedures, requirements or guidelines regarding Merchant’s use of the Services that are posted on or through the Thebestpos.pk Platform or otherwise provided or made available to Merchant; (g) alter, distribute, license, resell, transfer, assign, rent, lease, timeshare or otherwise commercially exploit the Services to any third- party or provide it as a service bureau; (h) conduct any penetration or vulnerability testing on the Services or network; or (i) copy any features, functions, text or graphics of the Services, including without limitation, the structure, sequence or organization of the user interface.


Ownership of Content, Use of Trademarks


Thebestpos.pk owns or has licenses to all rights, title, interest, copyright and other worldwide intellectual property and trade secret rights in and to the Services (including all derivatives or improvements thereof). You may voluntarily submit suggestions, enhancement requests, ideas, feedback, recommendations or other input about the Services (“Feedback”) at any time. You irrevocably assign all right, title, interest and other worldwide intellectual property rights in and to the Feedback to Thebestpos.pk, and acknowledge that we are free to use, disclose, reproduce and otherwise exploit any and all Feedback provided by you relating to the Services in our sole discretion, entirely without obligation or restriction of any kind. Any rights not expressly granted herein are reserved by Thebestpos.pk.


User Content. You, (or Merchant, if applicable) retain all rights, title and interest in and to any text, graphics, videos, images or other data (including but not limited to personal information) that you upload or that is otherwise made available within the Services (“User Content”). You grant to Thebestpos.pk a non-exclusive, royalty-free, fully paid-up, worldwide license to access, use, copy, modify (including the right to create derivative works of), display and transmit User Content solely for the purpose of our providing the Services and in accordance with our Privacy Statement. You are solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired, and any transfer of User Content outside of the Services by you, Merchant or any third-party authorized by you. You represent, warrant and covenant that you have all rights necessary to upload the User Content to the Services and to otherwise have such User Content used or shared, as applicable, in relation to the Services.


Use of Limitation of Liability


In no event will Thebestpos.pk be liable for


(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Thebestpos.pk or its authorized representatives have been advised of the possibility of such damages, or


(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Thebestpos.pk liability is limited to the greatest extent permitted by law.


Payment Terms:


You will pay the subscription charges in advance and in any case these are non-refundable. Monthly charges you should pay before 7 of each month otherwise the bestpos.pk has rights to temporary or permanently close your subscription.


Thebestpos.pk makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non Thebestpos.pk web site, please understand that it is independent from Thebestpos.pk and that Thebestpos.pk has no control over the content on that web site. In addition, a link to a Thebestpos.pk web site does not mean that Thebestpos.pk endorses or accepts any responsibility for the content, or the use, of such web site.


We accept no liability, implied, or otherwise, should the use of our products or services causes downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues your business may have. However, it is your responsibility to ensure that you always have a backup of your site’s files, databases, and other information.


YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL OF Thebestpos.pk, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of Thebestpos.pk solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.


Indemnification


You agree to indemnify, defend and hold harmless Thebestpos.pk and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.


Miscellaneous


Every module has been tested to make sure that it works seamlessly. We guarantee Thebestpos.pk’s product to work with a fresh default install. We will work with all users who experience any problems to find the part of Thebestpos.pk that is stopping Thebestpos.pk’s product from working.


Liability


We accept no responsibility for any damage or loss of earnings to your business and or online store in any instance when using Thebestpos.pk’s products. It is your responsibility to keep a regular backup of your database and/or relevant files so that if the worst does happen.


Refund Policy


We want you to be happy with your purchase. If you have any questions, concerns, or problems, please contact us. In the event, however, that you conclude your purchase does not works as stated in the product description and demo, we want to make things right. We can make a fix for the code or refund the full price. Simply contact us and let us and settle the details.


Software License


We reserve the right to deny support if you are found to be misusing our services. All details obtained during registration, products, their pictures, sale and any other information can be used for advertisement and business/leads or can be given to any government or law inforcement agency.


You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Thebestpos.pk reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Thebestpos.pk reserves the right to investigate suspected violations of these Terms of Use.


Hardware: Purchase Price and Associated Charges. Payment must be made at the time of order unless otherwise agreed to by the Parties. Customer will pay the total amount plus shipping and handling, if any, as specified on the invoice. Customer is also responsible for all taxes related to this purchase and to the import of the Hardware, if applicable, to include but not limited to any and all sales taxes, value-added taxes, import taxes/customs/duties and any other similar taxes imposed by any governmental entity. Moreover, Customer bears the responsibility to report purchases and/or imports as required by local law at their business location and/or at location where the Hardware is delivered by Thebestpos.pk.


Risk of Loss. Title to the Hardware passes to Customer when the Hardware is paid for in full. However, Thebestpos.pk don't bear any responsibility for loss of or damage to the Hardware during shipment after purchase and until Hardware is received by Customer, unless Customer selects its own mode of shipping. In repair cases, risk of loss is borne by Customer for return of the Hardware, but by Thebestpos.pk will following repair and upon return to Customer.


Limited Warranties. Thebestpos.pk warrants the Hardware against defects in materials and workmanship under normal use (the “Warranty”) for a period as the manufacturer or reseller will give from the purchase Date (the “Warranty Period”) meanwhile there is no any warranty of used hardware in any cast. If as per agreement between parties you have not been paid full amount yet, you should pay all the amount of hardware as warranty claim of new item is responsibility of thebestpos.pk as per the rules and regulations of the hardware supplier, the Warranty Period does not restart if Customer receives a replacement appliance and/or replacement software during the process.


Thebestpos.pk disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or against hidden or latent defects. Thebestpos.pk’s responsibility for warranty claims is limited to repair or replacement. Thebestpos.pk reserves the right to modify this policy any time, at its sole discretion, and without notice to Customer.


Terms of Service / Terms & Condition Changes


Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions.